5.9 Facility Owner/Operator Failure to Respond
If the facility owner/operator fails to respond to the excavator’s timely request for a locate (e.g., within the time specified by state/provincial requirements) or if the facility owner/operator notifies the excavator that the underground facility cannot be marked within the time frame and a mutually agreeable date for marking cannot be arrived at, then the excavator re-calls the 811 center. However, this does not preclude the excavator from continuing work on the project. The excavator may proceed with excavation at the end of two working days, unless otherwise specified in state/provincial law, provided the excavator exercises due care in all endeavors.
The facility owner/ operator and the excavator partner together to ensure that facilities are marked in an acceptable time frame to allow for underground facility protection.
- Existing state laws, including Ohio, Kansas, South Carolina, Michigan, and others